Terms and Conditions
(1) These terms and conditions (hereinafter “Terms and Conditions”) govern the OnSite ImmoAgent service offered by OnSite ImmoAgent GmbH (hereinafter “OnSite”).
(2) OnSite offers its clients a tour of commercial real estate and its surroundings. This includes the delivery of documentation of the object with descriptions and images. Optionally, the service can be supplemented with a site cover letter.
2. Expiration of the assignment
(1) If the customer wishes to place an order on OnSite, he must first submit a request describing the desired services (hereinafter “Customer Request”), either via the OnSite website, by e-mail to firstname.lastname@example.org or by telephone to OnSite. In the customer’s request, the customer must describe the purpose and purpose of his order as accurately as possible. In particular, the following information must be recorded between the customer and OnSite:
- Object of the job with address specificationExternal, indoor, environmental inspection
- Questions to be clarified on site
- Additional location cover
- Processing period and target date
- Contact person with contact details for the property, if an interior inspection is to be carried out.
(2) The receipt of the customer request does not oblige ImmoAgent to accept the order.
3. Preparation of the assignment
(1) On the basis of the customer’s request, OnSite prepares an offer for the customer. For this purpose, OnSite checks the customer request according to company-internal criteria and, if necessary, makes adjustments in order to accurately describe the requested services and to enable correct processing by OnSite. In particular, it may be necessary to technically prepare and adapt the customer request and its contents in such a way that they can be presented in a comprehensible and comprehensible manner on the user software for smartphones (mobile app), which OnSite uses for order fulfillment. OnSite does not change data and content that is essential for the job.
(2) The specific requirements and the services requested by the customer in detail are developed in dialogue between the customer and OnSite. After viewing and, if necessary, adjusting the customer’s request, OnSite makes an offer to the customer on the basis of the customer’s request or the customer’s target, which includes all services chosen by the customer and the remuneration. The contract for the execution of the order is then concluded by the acceptance of the order offer by the customer.
(3) The documentation is made individually for the customer according to the specific requirements of the customer and the customer’s request. The customer therefore has no right of withdrawal in the case of distance contracts in accordance with Section 312g paragraph 2 No. 1 of the German Civil Code (BGB) and OnSite is not obliged to issue a revocation policy.
4. Execution of the order
(1) When visiting the property, the local conditions, the peace of the house and the privacy of the persons in and with the object shall be taken into account.
(2) The customer agrees that the inspection may also be carried out by third parties who are subcontracted by OnSite for this purpose.
(3) After viewing the property and obtaining the requested information, the data will be processed by OnSite and additional analyses will be added depending on the booked service. ImmoAgent submits the complete documentation in file form to the customer.
(4) In the event of defects in the documentation, the customer has the statutory claims for defects.
(5) If the customer is an entrepreneur in accordance with Section 14 of the German Civil Code (BGB), his claims for defects are governed by the following regulations: The customer must comply with his statutory obligations to investigate and notify (Section 377,381 of the German Commercial Code). If a defect appears during the examination or later, the customer must notify this in writing within two weeks after sending the pictorial and textual documentation. Irrespective of this obligation to investigate and complain, the customer must notify obvious defects in writing within two weeks. The timely dispatch of the notification is sufficient to meet the deadline. If the customer fails to properly investigate or report defects, OnSite shall not be liable for the defect not indicated.
(6) OnSite is not obligated to warrant if the defect in the documentation is due to the fact that the customer’s information in the customer’s request or the following order offer is incorrect and OnSite did not have to recognize this error.
(7) The customer may only use the documentation created by OnSite for his own private and internal purposes. The complete or partial reproduction, distribution, communication to the public, editing or commercial exploitation of the documentation as well as the descriptions and images contained therein are not permitted.
1. The remuneration for the performance of the contract and the preparation of the documentation shall be agreed by the parties in the contract offer. The remuneration will be invoiced and due after the order has been carried out and the documentation has been transmitted to the customer.
(2) The documentation remains the property of OnSite until full payment has been made.
(3) If the customer subsequently commissions further services from OnSite beyond the order offer (e.B. individual evaluations in the documentation, adjustments to the presentation method, data export to and evaluations in Microsoft PowerPoint etc.), these are additionally to be remunerated.
6. Reference designation
(1) OnSite is entitled to use the customer’s name and logo/s as a customer reference for its own media presence. The customer may object to the reference designation at any time for the future. Order details or names or departments of customer contacts may not be used.
(2) The information and documentation adjusted for personal data may be freely used by OnSite in anonymised form for the production of benchmarks, industry reports, white papers and media contributions, as long as no order-specific details are given.
(1) Claims of the Customer for Damages are excluded. Excluded from this are claims for damages of the customer arising from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by The OnSite, its legal representatives or vicarious agents. Essential Contractual Obligations are those that are necessary to Achieve the Objective of the Treaty.
(2) In the event of a breach of essential contractual obligations, OnSite shall only be liable for the foreseeable damage typical of the contract if it has simply been caused by negligence, unless it is a claim for damages by the customer arising from injury to life, body or health.
(3) The restrictions of paragraphs (1) and (2) also apply to the benefit of the legal representatives and vicarious agents of the OnSite, if claims are asserted directly against them.
(4) The limitations of paragraphs (1) and (2) do not apply if OnSite fraudulently concealed a defect or has assumed a guarantee for the quality of the documentation. The provisions of the Product Liability Act remain unaffected.
(5) OnSite shall only be liable for the loss of data in the amount of the costs that would typically be incurred for recovery if the customer had taken proper and regular measures to create security files.
(6) The customer is liable to OnSite for damages caused by faulty or unlawful orders of the customer, if OnSite did not have to recognize the error or the illegality during the placing or execution of the order.
8. Data protection
All regulations and information on data protection are in the data protection declaration for customers. Your current version is always available on the website https://www.onsite-immoagent.de/datenschutz.
9. Final provisions
(1) Terms and conditions of the customer deviating from these GENERAL terms and conditions shall only become the content of the contract if this has been expressly agreed in writing. ImmoAgent reserves the right to update these Terms and Conditions from time to time and to change them for the future. The General Terms and Conditions are always available on the website https://www.onsite-immoagent.de in their current version.
2. The European Commission shall, under https://ec.europa.eu/consumers/odr/, provide a platform for online dispute resolution in accordance with Article 14(1) of the ODR Regulation. OnSite is not required to participate in a dispute resolution procedure before a consumer arbitration board and is not willing to participate.
(3) These GtC and the contractual relationship between the customer and ImmoAgent are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the Sale of Goods. If the customer is a merchant within the meaning of the Commercial Code, a special fund under public law or a legal entity under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from these General Terms and Conditions and the contract relationship.
(4) Should any provisions of these General Terms and Conditions or parts thereof be ineffective or unenforceable or become in the future, the remaining provisions of these General Terms and Conditions shall remain unaffected. The same applies to any regulatory gaps. The parties will replace the invalid or unenforceable provision with one that comes closest to the invalid or unenforceable provision according to its purpose and purpose.